Venezuelan NGO denounces that Chavista regime checks equipment and deletes material from journalists

The Venezuelan NGO Espacio Público denounced that the State security forces arbitrarily check the telephones or equipment with which journalists work in the street, thus restricting “the exercise of freedom of expression, information and opinion.”

This system has increased – assured the NGO – “slowly but steadily”, In recent years, in which the“illegal confiscation“Of equipment or erasure of graphic or audiovisual material,”without legitimate or legal reasons and in the absence of a court order ”.

“Cell phones and, to a lesser extent, computers, cameras and equipment with personal or employment information are the target of officials during coverage of the streets or irregular situations, such as the audiovisual record of possible corrupt practices or abusive behavior by Public authorities”, The organization specified in a statement.

He explained that the police and the military force journalists, reporters or individuals to erase material or directly review the equipment, “in open violation of the right to privacy, data protection, freedom of expression and information, and even with implications for the right to property”.

The entity registered, between January 2020 and August 2021, 18 “seizures executed“And 13”episodes of threats or violent attempts to search equipment”, In which 24 victims were journalists and three individuals.

The NGO recalled that, “like all human rights“, Freedom of expression has”exceptional, non-generic, diffuse or free interpretation limitations, which can be established only after the dissemination of the information, not before or during the registration or search for it “.

He added that, “In any case, the restriction must be proportional, necessary and legal, with regulated, transparent processes, authorized by a judge and justified in international human rights law.”.

The objective of the search, confiscation and erasure “it is the censorship of situations of public interest, practices that can incur crimes, corruption and even alleged human rights violations”.

In this sense, Espacio Público recalled that “the erasure of content constitutes prior censorship, prohibited by international standards”, Including article 13 of the American Convention on Human Rights and article 19 of the International Covenant on Civil and Political Rights.

The functionaries “they do not have the authority to remove or require the erasure of content within computers“, And the authorities”they have no basis to declare that the refusal to erase the content constitutes the crime of obstructing justice or disobedience to authority, nor is it a cause to detain the person”.

For an inspection and seizure to be legal, “the official must notify the person who will be inspected, and guarantee the presence of two witnesses“, And that someone”same gender run inspection”.

What’s more, “the inspection must last a reasonable period of time, it cannot last longer than what is required by practice ” and, in the event of seizing assets or properties, “Officials must communicate it expressly and clearly, specify the reasons, as well as the legal norm that supports it.”.

They must record what happened, in writing and within minutes, “to which both the affected person and their defense must have immediate access”.